Divorce Questions & Answers

Q: My husband left me six years ago for another woman i need his name off the deed of my home it my home it paid for i

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 14, 2018
Cary B. Hall's answer
If his name is on the deed to the house, it's legally also his home too. If he won't voluntarily agree to execute a new deed to you without his name, then you're going to have to file for divorce and ask the court for assistance and equitable distribution of marital property. That would include distribution of the house and all associated paperwork like deed changes.

I do practice family law in Delaware County, so if you'd like to discuss your situation in further detail, feel free to...

Q: We live in different states and I don't know her info can you help

1 Answer | Asked in Divorce for Kentucky on
Answered on Aug 14, 2018
Anna Aleksander's answer
This question was asked in KY divorce section and you appear to be from PA. I can only provide general advice regarding the law in KY. In KY, in a case where one spouse is absent or gone from the state, you may still get a divorce after a Warning Order Attorney is appointed to look for your spouse. If after a certain amount of time, the spouse can not be located,the Warning Order Attorney submits a reports to the Court. You may then get a divorce, however, issues of property, alimony, children...

Q: My husband has turned the kids against me saying there currant issues are my fault and I am making them sick. What Can i

1 Answer | Asked in Divorce, Child Custody and Child Support for Massachusetts on
Answered on Aug 14, 2018
Lillian J. LaRosa's answer
First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the children in any kind of therapy? Clearly this is a starting point for child care. A suicidal child should be brought to the ER of the local hospital and not told that your caring level is the cause. Have you...

Q: I filed for divorce a while back. Courts found parenting plan requirement to be moot at this time. What does that mean?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
Hard to say without knowing more. The word "moot" means that the circumstances make it so that, while it was important at one time, it no longer matters either way.

Q: What can be sufficient evidences for adultery fault divorce in Pennsylvania?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 13, 2018
Kathryn Hilbush's answer
It depends on whether he has first hand knowledge or his statement is based on what someone else told him. If you're sure you don't want to remain married, then please talk to an experienced family law attorney in your area. Fault divorces are really quite rare these days and, once you consult with an attorney in person, you'll understand that getting a fault divorce is more expensive and really doesn't give you any leverage in the area of property distribution. If you wife files for alimony,...

Q: In MD, are there ways around having to be separated for a year? Is it true this law is changing in October? Thank you.

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Aug 13, 2018
Elizabeth Pugliese's answer
You must be separated for one year unless you have reached a written agreement on all issues, financial, property and related to the child prior to filing for the Absolute Divorce.

Q: I got married and what is the protocol to relocate with my kids from my exhusband?

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on Aug 13, 2018
J. Richard Kulerski Esq.'s answer
Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The answer is even more difficult to answer because we don't know what county your are in, or what judge you will have. Some counties are stricter than others when it coms to removal. Try to negotiate a deal with...

Q: Spouse is not paying court assigned maintenance. In Illinois, what is law regarding missed payments?

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
You can take him to court for contempt (rule to show cause).

Q: My husband left me six years ago for a another woman i need to get his off the deed to my home

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 13, 2018
Kathryn Hilbush's answer
You have a few choices. You can ask him to sign off on a new deed. You can file for divorce and ask for property division to have the court decide who gets the house. Since there's a lot more to your circumstances than that you've been separated and want your house, I cannot give you any more thoughts on your questions. You should consult with a local attorney experienced in family law to discuss your situation and your options.

Q: My husband and I are separated, going through a divorce. What parental rights does he have at this time?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Aug 13, 2018
Joseph Jaap's answer
You are represented by an attorney, who can answer all your questions.

Q: What can I do if my husband put me out the house.He also have a woman living in our home.

1 Answer | Asked in Divorce for Georgia on
Answered on Aug 13, 2018
Homer P Jordan IV's answer
Is your name on the deed or lease? Are you going through the divorce process? You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: My husband has somewhat recently started bullying and threatening to keep my son from me what can I do to make this stop

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Alabama on
Answered on Aug 13, 2018
Mr. James Parrish Coleman's answer
If you can't do anything legally, you can't do anything. If you can't hire a lawyer, try to get help from a free legal clinic. You and he have the same rights to the child, but you have to get into Court with a divorce to make any court enforceable rules.

Q: I’m moving out of the home with my children bc I can not afford it alone. Can I take my car, furniture, beds, ect?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 12, 2018
Kathryn Hilbush's answer
Usually this would be the kind of thing you'd discuss with your own lawyer in person, not with someone who knows nothing about the rest of your case. The furniture, I assume, belongs to both of you. If you can't reach an agreement on what should be removed from the house, then I suggest you have a consultation with an experienced family law attorney. Local attorneys are more in touch with what their courts do in cases where one spouse removes a substantial amount of furniture, etc. and the...

Q: Divorce was final in February 2018. Is my spouse obligated to receive any funds if I sell any assets in the near future?

1 Answer | Asked in Divorce for Louisiana on
Answered on Aug 11, 2018
Ellen Cronin Badeaux's answer
First there may be a restraining order prohibiting you from selling community assets. Any assets acquired during the marriage are half owned by your spouse.

Q: I am getting divorced and would like to know if my spouse has any legal right to my dogs.

1 Answer | Asked in Animal / Dog Law and Divorce for Pennsylvania on
Answered on Aug 11, 2018
Cary B. Hall's answer
Under Pennsylvania divorce law, pets are considered property, like furniture or anything else in your house. If you two can't agree who gets the dogs, a court certainly will -- just like it would distribute any other pieces of marital property. There will be no "custody" order for pets, because Pennsylvania doesn't do that. From the details of your question, it appears that you'd certainly have the stronger case for getting the dogs. But your best bet is to reach an agreement with your...

Q: Are there any websites that can be recommended on how to write a ESP statement. I am Pro Se and learning as I go.

1 Answer | Asked in Divorce for New Jersey on
Answered on Aug 11, 2018
Leonard R. Boyer's answer
That is the worst possible way to handle this. Trying to represent yourself in any legal proceeding, especially a divorce matter is unwise, to put it charitably. You need an in person consultation with an experienced matrimonial attorney, who can review all previous legal proceedings and documents. Then the attorney will be able to advise you how to proceed. You need to ask yourself, can I afford not to have an attorney? Good luck.

Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
Answered on Aug 10, 2018
Timothy Denison's answer
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

Q: can my ex object my relocation even though did not state in our divorce decree

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 10, 2018
J. Richard Kulerski Esq.'s answer
I don't quite understand the facts of your situation, but if you moved the kids more than 25 miles, you needed to do it properly. It sounds like you did not follow the law. If that is the case, the judge was obligated to deny your relocation.

Q: Ex owes child support but was awarded spousal support by me, after child support I still owe him?

1 Answer | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Answered on Aug 10, 2018
Kathryn Hilbush's answer
The master or DRO officer should have taken the arrears into account when he/she made the determination as to the actual bottom line amount you're to pay him. Perhaps there was an amount added onto what he pays for child support aimed at making a reduction in those arrears monthly. If you're uncertain about how this is supposed to work, you'd be better off contacting your caseworker. I agree that it doesn't seem right that you are paying him while he still owes you. Perhaps they can suspend the...

Q: my girlfriend was married in the Philippines and her husband is here in the u.s. They are both permanent residents.

1 Answer | Asked in Divorce for California on
Answered on Aug 10, 2018
Tobie Brina Waxman's answer
It doesn't matter where she gets her divorce as long as she is divorced before she marries you. Where she can get help depends on where she is.

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